Loading...
HomeMy WebLinkAboutOrdinance 94-14 ORDINANCE NO. 94-14 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO WATER SHORTAGE MEASURES; ADOPTING A NEW CHAPTER 175 OF THE OCOEE CITY CODE; PROVIDING FOR INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR WATER USE RESTRICTIONS; PROVIDING FOR EXEMPTIONS, ALTERNATIVE WATER CONSERVATION PRACTICES; PROVIDING FOR PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee has been exper iencing problems with inadequate pressure in its potable water system; and WHEREAS, problems with the potable water system have resulted in estimated present and anticipated demand exceeding estimated present and anticipated available water supply such that a water shortage currently exists; and WHEREAS, the City of Ocoee has an immediate and emergency need for measures to address the water shortage in order to assure an adequate supply of water to water users within the City of Ocoee's water service territory; and WHEREAS, the above circumstances constitute an emergency under Section 166.041, Florida Statutes; and WHEREAS, this ordinance has been adopted as an emergency ordinance by at least a two-thirds vote of the City commission of the City of Ocoee; and WHEREAS, the City of Ocoee has a need for a mechanism to quickly institute water shortage measures during any future water shortage; and WHEREAS, the City commission of the City of Ocoee desires to set forth water shortage measures enforceable by the City which will be in effect during periods set forth by resolution of the City Commission of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. AdoDtion of New ChaDter. A new Chapter 175 of the Code of Ordinances of the City of Ocoee, Florida, entitled Water Shortaqe Measures, is hereby adopted as follows: CHAPTER 175 WATER SHORTAGE MEASURES section 175-1. Title; authority. A. This chapter shall be known and may be cited as the "Water Shortage Measures Chapter". B. The City has the authority to adopt this chapter pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. Section 175-2. Intent. The intent of this chapter is to set forth uniform citywide water shortage principles consistent with the applicable rules of both the st. Johns Ri ver Water Management District and the South Florida Water Management District in order to provide for the safe and prudent use of a limited and valuable resource during a water shortage. During such times as either the st. Johns River Water Management District or the South Florida Water Management District declare a water shortage pursuant to Florida Administrative Code Chapters 40C-21 and 40E-21, respectively, as they may from time- to-time be amended, the specific restrictions imposed by the applicable Water Management District which are more restrictive than the regulations set forth in this chapter shall apply to those areas of the city within the jurisdiction of the applicable Water Management District and shall be fully enforceable by the City. section 175-3. Applicability. Notwithstanding any provisions of this chapter, this chapter shall not apply to consumptive uses of water which (i) meet or exceed an individual permitting threshold under Florida Administrative Code Rule 40C- 2.041(1), or (ii) is issued an individual permit under Chapter 40E-2, Florida Administrative Code. Further, the provisions of this chapter will only be applicable when the City Commission, by resolution, finds that the following circumstances exist: A. The estimated present and anticipated demand for water exceeds the estimated present and anticipated available water supply such that a water shortage exists; and B. The City has an immediate need for measures to address the water shortage to assure an adequate supply of water to water users within the city of Ocoee's water service territory. section 175-4. Definitions. A. Micro-Irriqation means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the vegetation being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the vegetation. B. Person means any individual, firm, association, organization partnership, business trust, corporation, company, agent, employee, political subdivision, state, district, region, or any other legal entity. C. Reclaimed Water means treated domestic wastewater that meets the standards defined by the Department of Environmental Protection for irrigation on areas that may be accessible to the public. D. Veqetation means any living plant, including grass, shrubs, or trees. section 175-5. Water Use Restrictions. subject to the exemptions and alternative water conservation practices set forth in section 175-6, no person shall irrigate or cause to be irrigated any vegetation including, but not limited to, lawns, landscaping, agricultural crops, nursery plants, golf courses, or recreational areas (regardless of whether public or private water resources are utilized) between the hours of 8:00 a.m. and 8:00 p.m. section 175-6. Exemptions; alternative water conservation practices. Notwithstanding the restrictions set forth in section 175-5 above, vegetation may be irrigated between the hours of 8:00 a.m. and 8:00 p.m. provided that proof of compliance with an exemption or alternative water conservation practice identified in this section is readily available to enforcement personnel and the person meets one or more of the following criteria: A. use of a micro-irrigation system; B. use of reclaimed water; c. use of recycled water from wet detention treatment ponds, provided the ponds are not augmented from any ground or offsite surface water or public water supply sources; D. irrigation of, or in preparation for planting, new landscaping, new sod, agricultural crops, or nursery stock, during one 30-day period provided that irrigation is limited to the amount necessary for crop or plant establishment and irrigation of new landscaping and newly seeded or sprigged golf course areas, during one GO-day period; E. chemigation and fertigation by irrigation one time per week; F. watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices, within 24 hours of application; G. operation of irrigation systems for maintenance or repair purposes not to exceed ten minutes per hour per zone; H. irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures, provided the discharge does not overtop the control structure by more than one-half inch, there is no discharge between 1:00 p.m. and 7:00 p.m. unless associated with a storm event, and the structure is well maintained; I. use of water to protect agricultural crops and nursery plants, except ferns, from frost or freeze damage when freezing temperatures or frost are predicted by an official weather forecasting service; J. use of water to protect ferns from frost or freeze damage when the "wet bulb" temperature, as measured by a "wet bulb" thermometer at the site of application, is 34 degrees Fahrenheit or less (Freeze protection must cease when temperatures rise above 40 degrees Fahrenheit); K. use of water to protect agricultural crops, nursery plants, or golf course turf from heat stress damage, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day, whichever is applicable; L. irrigation of agricultural crops by traveling volume guns which require manual repositioning; or M. irrigation using one hand-held hose equipped with an automatic shut-off nozzle. section 175-7. Penalties. Any person violating any provision of this chapter shall, upon conviction, be punished by a fine of $50.00 per violation relating to a residential use and $100.00 per violation relating to a non-residential use. Each day such violation is committed or permitted to continue shall constitute a separate offense. Nothing contained in this chapter shall be construed to prohibit the issuance of warning citations with respect to which no fine is imposed. SECTION TWO. Declaration of Emerqencv. The city commission of the City of Ocoee hereby finds and declares that an emergency exists under the provisions of section 166.041(3) (b), Florida Statutes, and that it is in the best interests of the residents of the ci ty that this ordinance be adopted as an emergency ordinance. SECTION THREE. Filinq wi th the Department of Environmental Protection. In order to comply with section 373.023, Florida Statutes, the city Clerk is hereby directed to file a certified copy of this ordinance with the Department of Environmental Protection. SECTION FOUR. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. Codification. It is the intention of the City commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the city; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION SIX. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED as an emergency ordinance by at least a two-thirds vote of the City commission of the City of Ocoee this 3.d day of A1 ~ 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Clerk s.~ Scott Vandergrif , (SEAL) READ FIRST TIME AND ADOPTED 1f1~ :3 , 1994, UNDER GENOA ITEM NO. V C . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM pD LEGALITY this ~ day of /L{~ ' 1994. :::EY &{j; ~rney C:\wpSl '<Iocs\oooce\watct.C0I114128/941 or1l18v.0021 mbf: